Emotional Support Animals and the ADA's ruling on charging pet fees

[Sandra611]

Are any of you having a new surge of guests asking for pet fees to be waived for Emotional Support Animals? We recently had a guest request fees be waived for his two pugs because they were ESA's...It seems the word is out to travelers that all they have to say to get fees waived is that their animals are ESA's.

I am having a challenge with the customer service suport team regarding this. I called in and specifically asked if fees were appropriate and on two occassions was told yes and then on the second call, the rep said actually no, we do not allow fees for ESA's. We had already told a guest that we do charge fees because of the previous info we received and what we found on the ADA website. However, apparently Airbandb lumps Service animals and Emotional support animals into the same category.  But....according to the ADA Service Animals are in a class of their own and exempt from fees and ESA's do not qualify for the same exemption. I sent the rep a note asking how they can rewrite a federal law to include what the ADA went to a lot of trouble to purposely exclude but they have yet to reply to that. Instead I have been escalated to someone to review me for discrimination...against what? I allow animals but ask that guests staying with them pay $25 each to cover costs of replacing items that have been chewed or pooped on, cleaning carpets and extra laundering. We have two dogs of our own and love them but fully understand that when we travel we will be charged for the convenience of having our pets in tow and not in a kennel. Would love to hear if anyone else is having similar issues.

[Mark26]

@Sean192

You can also find this information on The United States Department of Justice website.

https://www.justice.gov/crt/fair-housing-act-2

Where you will find:

(b)Nothing in section 804 of this title (other than subsection (c)) shall apply to--

(2)rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

[Ben205]

Only in America!

[Sean192]

Im a Super Host. Im also a disabled Vet with a REAL service dog. I also train service dogs now (for free FYI). I also have sat on my states legislative committee to address the abuse of pets/emotional support animals in placed for service dogs etc.

To the point - I had my listing that stated I charge $10/day for everything other than a service dog and the animal (even service dog) must get pre approval because of my issues and the set up of the home/farm and that others could be here etc.

I had a girl claim she was bringing a service dog. Fine. Come on and visit.

She enters the home and puts her dog down.

We talked in the kitchen and eat area about the home and details.

15 mins into our talk her dog pisses on my wood floor.

Im watching it happen. So is she. She does nothing as its pissing. She cleans it. Im shocked. I tell her...thats a bad start. I tell her this CANT happen in the bedroom. I was worried all night. I called Airbnb and left msg about issue.

She stays 2 days and I was worried the entire time the dog was here. 

I feared telling her to leave because I get 5 star rating because Im a great host. I am. haha

By the time she is gone 2 days Airbnb calls me back. TOO LATE.

I had told the girl I wanted $20 for the DOG who is NOT a service dog. ANY service dog would NOT do this AND if it did, a true handler would know that the dog is no longer welcome as a service dog.

2 weeks later I get the $20. 

I told Airbnb her file needed flagged for her lies.

Never sure if it happened.

Now - Airbnb tells me I CANT charge for service dogs (I know) OR for emotional support dogs/animals, but can for pets.

I told them this is NOT proper.

Federal and state laws protect service dogs (SD) and NOT emotional support (ES) animals like this. A landlord or airline (currently) cant charge for ES dogs, but this is NOT a law protecting an ES animal from a holiday stay with Airbnb or Motel 6.

I was told Airbnb has chosen to tighten their policy so ES animals were also treated like SD.

I told Airbnb that THIS was NOT cool because EVERYONE is claiming ES dogs or SD and it emables the guests to abuse my home as their dog pisses on my floor.

I was told, I can charge them for any damage and report them. I told them my ratings would drop badly. They told me they would errase any bad reviews based on this type issue.

I told them it would just be easier if they supported HOSTS by following the real laws so we have some protection in our own homes.

They were NOT helpful, BUT..... I got a waiver and I am NOT required to take an emotional support animal based on my farm and my own service dog. Reason - I cant have a badly behaiving dog or cat etc in the home and cause harm to my trained dog.

Also of note- your environment. I charge for pets because the added cleaning and stress it puts in the house with my 2 dogs, 2 cats, and small farm animals. It compensates me for the troubles. That's fair.

I would suggest all other hosts to do the same and demand the policy reflect what the laws are in America.

I was actually told their policy as it is was based on a global ruling and while America is tougher than other places, they choce the least restrictive to travelers from other places.

Meaning - the French couple flies to USA with the ES dog (for free) and now they cant get their dog in a home/Airbnb for free. Airbnb wants the guests to have more access, but they care little of the issues it causes us.

[Amy459]

I fully believe Airbnb needs to change their policy as soon as possible. I just posted my own thoughts on Airbnb assistance animal policy in a VERY lengthy post. If our homes do not have to be ADA compliant, why would we need to apply the ADA law for allowing service dogs into our homes? If our homes do not fall under the FHA/Secion 504 guidlines, why would we need to allow any assistance animal into our homes? If there are no Federal laws that completely back the Airbnb Policy, it can and should be changed. At this point, it seems to me, that most homes on airbnb are privately owned homes that reserve the to right to allow or deny assistance animals of any kind.

The link below is to my post.

https://community.withairbnb.com/t5/Host-Voice/Thoughts-on-Airbnb-Assistance-Animal-Policy/idi-p/595...

[Greg-and-Robbie0]

Very comprehensive reply!  Loved reading your thoughts in the link.  We have guests who have an ESA dog that is trained to work with children (not the guest). We did not charge a pet fee during their last visit (because of Airbnb policy) but wondered if, since the dog does not perform any task for the guest, if they can claim ESA "no Pet charge," under Airbnb guidelines.  In my mind, it is like an off-duty police officer trying to write me a ticket.

[Greg-and-Robbie0]

@Mark26 There are certain questions that you are allowed to ask according to the ADA.  Here is our standard response to guests requesting to bring their emotional support animal:

"Thank you for letting us know about your service/emotional support/assist animal that will be accompanying you during your visit. We do not charge a fee for support animals but we would like you to answer the following questions:

1. Is your assistance animal required because of a disability?

2. What work or task has the animal been trained to perform?

Keep in mind that dogs are NOT allowed on upholstered furniture or beds. Also, if your dogs are not used to screen doors, please keep them open (there are 4 in the house) to prevent damage from sharp claws. There is a $100 minimum (re-screening) charge if the screens are damaged. If the frame is damaged then the replacement cost is substantially higher ($450) Also, be sure to bring a travel kennel and bedding so your support animal will feel more at home."

[Alexandra316]

@Greg-and-Robbie0 ESAs aren't trained to perform any tasks, so what's the point of asking that? Airbnb doesn't make a distinction between ESAs and service animals, so it doesn't matter what the ADA says. 

[Casey238]

Is there any update on airbnb differentiating between SD and ESAs? I know this post is from a few years ago, but I just found it as I am newer to hosting.

[Alexandra316]

@Casey238 There is no change at this point. Right now, the rules don't differentiate between the two. Airbnb collectively calls them Assistance Animals. You can read the policy at What is an assistance animal? - Airbnb Help Center. 

[Christina1157]

I'm a fairly new host and don't allow pets.  We don't live there.  

We came to fix something at a stay and found a dog which the guests says is a service animal and has papers.  We were shocked and said it's okay since we didn't expect any pets.  

Also, found a tuxedo kitten.  Long story short she said she found the stray around the house and will fly it back home with her.  She said her cat died 6 mos. ago and wasn't thinking of getting another one so it was fate.  Like many of you we contacted Airbnb and they responded with yes you can charge a pet fee and after further research challenged them saying we didn't want to be sued for discrimination.  Then another response no you can't charge a cleaning fee.

Also, it's true Air does not care about host but wants more bookings, bottom line.  It lumps ALL animals except regular pets to make the most and headache free money.  Federal laws don't apply to Air and probably will side with guests to make hosts comply.  

I did however, put in our rules, something like although it isn't required we would appreciate if you are bringing a service animal so we can properly clean the house for guests who might have allergies.  It's so that I don't hopefully get sued.  It's a suggestion not a must for booking so to cover me legally.  I don't what to do.  Air is terrible and people that answer do not know what they are doing and can't trust their advice to cover me legally.